| With the development of modern economy, the category and amount of chattel is increasing day by day, the demand using the chattel to get financing has become more and more strongly. In1995, the system of chattel was established. But there are many problems in the system, which has influenced the application of the system in practice. This article want make a systemic comprehensive research in order to amend the system based on analyzing the stipulation of our laws related. This paper is based on the basic theory of personal property mortgage and composed of four main parts.In the first part, the concept of chattel mortgage is introduced in order to understand its connotation and characteristic. Secondly, introduces some legislation about chattel and make a short discussion about it. At last, compares chattel with other guarantee system.The second part makes a deep discussion in our current system of chattel mortgage. Specifically, pay close attention to the chattel mortgage against the range, competing security rights and other aspects of chattel mortgage. Through analyzing about that, draws my personal conclusion.In the third part, chattel mortgage system and foreign legislation and practice of chattel security system were studied. Besides, Lists and compares the civil law and the common law system evolution and characteristics in terms of chattel security system, summarizes the advantages and disadvantages of civil law and common law on chattel security system development. At last, draw foreign legislation and practical experience of chattel mortgage in order to establish our relevant system.In the fourth part, on the basis of absorbing foreign experiences, I put forward some suggestion to prefect our system of chattel mortgage. |
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